TMI Blog2010 (11) TMI 321X X X X Extracts X X X X X X X X Extracts X X X X ..... d be charged in a given case under the rules - Consider Rule-8 of the Pan Masala Packing Machines (Capacity Determination and Collection of Duty), Rules, 2008, independently, as per the rules and not merely on the clarification issued by the Govt. of India in this regard - Accordingly the writ petition is disposed of - 8727(M/B) of 2010 - - - Dated:- 16-11-2010 - Pradeep Kant and Ritu Raj Awa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndment application for challenging the said order has also been moved. 3. Mr. Asit Srivastava, holding brief of Mr. Akhilesh Kalra, learned counsel for the petitioner, though does not dispute that against the final order appeal lies but says, that in view of the clarification issued by the Government of India with respect to the first proviso to Rule-8 of the Pan Masala Packing Machines (Capacit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner may file appeal under Section 35-B of the Central Excise Act, 1944 and also may file an application for stay and if any such application is filed, the same shall be considered forthwith without any delay in accordance with rules. 6. We further direct that the appellate authority shall consider the case of the petitioner, with respect to the pleas regarding Rule-8 of the Pan Masala Packing M ..... X X X X Extracts X X X X X X X X Extracts X X X X
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